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Terms of service
These Terms of Service is for the use of [V12] Official Site (www.v12golf.com, hereinafter referred to as the "Site") operated by 4matto Co., Ltd. (hereinafter referred to as "4matto" or "Company").
The following terms and conditions (hereinafter referred to as "Terms of Service") apply to your use of the Site. By accessing, browsing or using any content, materials, goods or services offered on or through the Site, it will be certified that you have read, understood and agreed to be legally bound by these Terms of Service and the Company’s Privacy Policy (each of which is fully incorporated by reference). Furthermore, it will be certified that you have all necessary right, power and authority to enter into this agreement and to perform the obligations set forth in this agreement. You understand and acknowledge that your use of the content, materials, goods or services provided on or through the Site (collectively, the "Services") constitutes your full acceptance and agreement to these Terms of Service.
1. Copyright
a. The copyrights, trademarks, and other intellectual property rights related to the information provided on the Site belong to the Company.
b. You may not use, reproduce, or screen these works without permission for any purpose other than personal use.
c. The Company may take legal action against any person who is found to have made unauthorized copying or unauthorized reproduction of the Company's copyrights for any purpose, or for any other act prohibited by domestic or foreign copyright laws.
d. In the event of any problem arising from a violation of this article, the customer shall be responsible for resolving the problem, and the Company shall not be liable in any way.
2. Registration
In order to access certain content, materials, products or services on the Site, you will be required to register and open an account. As part of the registration process, you will be asked to click to agree to these Terms of Service, and then you will be asked to set up and submit a username and password. You will also be asked to provide certain information about you, including personally identifiable information (including your name, telephone number, address, e-mail address, gender, and age). You are responsible for keeping your password and account login information confidential, safe and secure at all times. The Company will not be liable for any unauthorized use of your account if a third party has in any way accessed and used your password and account login information. When placing an order through the Site, you will be asked to provide additional personal information (such as delivery address, billing address and payment information). Additional information at this point is collected by the Company or third-party providers for security and fraud prevention. You represent that the personal information you provide to the Company through the Site is true, valid, complete and current in all respects and verify that you are the person identified in the delivery address (unless the subject item is a gift) and billing address information provided by you. If any of the information you have provided on the Site changes, please log in to your account and update such information directly on the Site. Any personal information you have provided to the Company via the Site is subject to the Company's Privacy Policy.
3. Suspension of use of Services and cancellation of member registration
If the Company considers that a customer has violated these Terms of Service or for any other reason, the Company may suspend the Services or cancel the membership registration without prior notice to the customer. The Company shall not be obligated to disclose to the customer the reason for such suspension or cancellation of membership.
4. Purchase
Some of the items or services on the Site are available for purchase. By purchasing any items or services offered through the Site, you represent that you have reached the age of majority and have the capacity to act to enter into a contract. If you are a minor and cannot legally enter into a contract, you must have a parent or guardian read these Terms of Service and Privacy Policy and register or place an order on your behalf. The Company uses third-party payment companies to process credit card transactions made through the Site. You are responsible for payment of any government taxes (including sales, use and excise taxes, but excluding only taxes on the Company's net income) imposed by the government in connection with your use of the Site or your purchase of any items or services offered through the Site. If the Company is obligated to collect these taxes, the applicable tax amount will be added to the amount billed to you. All sales are subject to the Company's Delivery and Refund Policy (available on the Site or sent to you with your purchased items). All refunds are subject to the Company's Refund Policy (available on the Site).
5. General Conditions of Use
You agree to use the Site and Services only for the purposes permitted by these Terms of Service and in compliance with all applicable laws, regulations and generally accepted practices or guidelines of the applicable jurisdiction. You may use the Site and Services only for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purpose. You may not do or attempt to do the following.
a. Accessing any of the Services by any other means than through the interface provided by the Site
b. To gain unauthorized access to the Company's computer systems, to interfere with the performance of the Site, the Services, the Company's network or computer systems, or to engage in any activity that impairs the functionality or security of the Site, the Services, the Company's network or computer systems.
c. Accessing the Site or the Services through any automated means or by using any automated function or device (including the use of scripts or web crawlers)
d. Accessing or collecting personally identifiable information (including name, e-mail address, and other information) for any purpose, including (but not limited to) commercial purposes
e. reproduce, duplicate, copy, sell, trade or resell any portion of the Site or Services for any purpose
f. reproduce, duplicate, copy, sell, trade or resell any goods or services bearing any trademark, service mark, trade name or logo owned by the Company in a manner that is misleading or intended to mislead as to the owner or authorized user of such mark, name or logo
g. Other acts that Company reasonably considers inappropriate.
6. Typographical errors, inaccuracies and omissions
The Site may contain typographical errors, inaccuracies, or incomplete information regarding product descriptions, pricing, advertising, promotions, and availability. The Company reserves the right at any time (including after you have placed an order) to correct any inaccuracies, typographical errors, inaccuracies, or omissions in the information on the Site, to change or update the information, or to cancel your order without prior notice. The Company cannot and does not inspect all communications, products or services available on or through the Site, but may (although not obliged to), in the Company's sole discretion, at any time and with or without notice, inspect, confirm, change or delete comments, site content or the Site (including information provided with respect to site content or other features).
7. Disclaimers and warranties
The Company reserves the right to change the selection of items offered and to limit the quantity of items available for purchase at any time and from time to time without prior notice. The Company also reserves the right to change the terms or duration of any special discount or promotion. The Company is not responsible for out-of-stock or shortages of any item. While the Company will do its best to display as accurately as possible the colors of the Company's items as seen on the Site, the Company cannot guarantee the accuracy of the color display on your computer monitor. To the maximum extent permitted by law, the Company expressly disclaims any express or implied warranty that (i) the Site, the Services, the site content, and any products, advice, information or links provided on the Site will meet your requirements; and (ii) the Services will be uninterrupted, timely, secure or error-free; and (iii) any defects in the operation or functionality of any software provided to you as part of the Services will be corrected; and (iv) with respect to any site content, products, services, advice, information or links provided by third parties or users, that such site content, products, services, advice or information displayed on the Site will meet your requirements; and (v) the Site will be error-free or any errors will be corrected. No advice or information, whether oral or written, obtained by you on the Site shall constitute any warranty not expressly stated in these Terms of Service. You understand that the technical processing and transmission of site content and comments will be unencrypted, and will involve transmission over various networks and modifications to conform and adapt to the technical requirements of the connecting network or device. Please note that the Company does not warrant that any information transmitted to or from the Site will be secure during transmission, and cannot guarantee the confidentiality of any communication or material (including personal information such as your name or address) sent to the Site or to the Company over the Internet. The Company shall not be liable for any (a) error, omission, interruption, deletion, failure or delay in operation or transmission, communications line error, theft, destruction, or unauthorized access to or alteration of communications; and (b) problems or technical failures of telephone networks or lines, computer on-line systems, servers or providers, computer equipment or software, or malfunctions of electronic mail or players, due to technical problems or congestion of the Internet or the Site (including any damage or loss to your or any other person's computer related to or arising out of the use of the Services or the Site). Except as expressly set forth in these Terms of Service, no conditions, warranties or other terms (including any implied terms of satisfactory quality, fitness for purpose or conformity with description) apply to the Site, site content and/or Services.
8. Limitation of Liability
In no event shall the Company be liable for any damages other than actual and direct damages which may be proven in a court of law. In any event, the Company's liability shall be limited to the price paid by you for the items or services that is the subject of the claim. Without limiting the foregoing, you acknowledge and confirm that the Company shall not be liable to you for the following.
a. any indirect, incidental, consequential, punitive, or exemplary losses (including any loss of profits (whether directly or indirectly), loss of goodwill or corporate reputation, or loss of data suffered by you) arising out of your use of or inability to use the Site or Services.
b. (i) The consequences of any reliance placed by you on the completeness, accuracy or existence of any advertisement, or the results of any relationship or transaction between you and any advertiser or sponsor posting an advertisement on the Site or Services; or (ii) any changes the Company makes to the Site or Services, or any permanent or temporary suspension of the Services (or any feature within the Services); or (iii) the deletion of, corruption of, unauthorized access to, or failure to store, any content and other communications data obtained or transmitted by or through your use of the Site or Services; or (iv) any loss or damage to you arising out of any other matter relating to the Site, Services, site content or comments.
9. Compensation
You agree to defend, indemnify and hold harmless the Company, its officers, directors, members, employees, agents, affiliates, licensors and suppliers from and against any claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including, but not limited to, attorney fees) arising out of (i) your use of and access to the Site and Services; or (ii) your violation of any of these Terms of Service (including the Privacy Policy); or (iii) infringement by you of any third party's rights (including, but not limited to, copyright, intellectual property or privacy rights); or (iv) the use of your Internet account or your account login information by any other person accessing this Site. This defense and indemnification obligation survives the abolishment of these Terms of Service and your use of the Site and Services. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any and all matters subject to indemnification by customer under this agreement, and customer will cooperate in all reasonable aspects in such defense. You may not settle any claim contemplated by this paragraph without the Company's prior written consent.
10. Links to other websites
This Site contains links or references to other websites over which the Company has no control. The Company site logos or styles are used to link to other websites in accordance with brand affiliation agreements. These websites may send you cookies, collect personally identifiable information about you, and use that data in ways that our Site does not. Please note that the Company has no control over such Web sites and that these Terms of Service do not apply to third party sites. The Company is not responsible for any damages or losses resulting from the use of such sites or external sources or the content, items and services offered on such sites or external sources. The Company recommends that you read the privacy policy and the terms of service linked or referenced on the websites you visit.
11. Filing a complaint
If you believe that any content or posting on the Site infringes upon your intellectual property or other rights, please notify (a) your name and your company name (if applicable); (b) your contact information, including your e-mail address; (c) the nature and content of your complaint, the specific rights at issue, and the basis for your complaint (including any objectionable content or posting); and (d) a sentence stating "The statements, representations and assertions made in this message are true, complete and accurate, and I have full legal authority to make these statements, representations and assertions and to make and enjoy the requests made in this message.”; and provide details to the Company by email ( shop@v12golf.com ).
12. Dispute Resolution
You agree that these Terms of Service shall be governed by the laws of Japan, irrespective of conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the sale of goods through the Site. You also agree to submit to the exclusive jurisdiction of the Tokyo District Court as the court of first instance for any and all disputes between you and the Company arising out of or relating to these Terms of Service or your use of the Site.
13. Exclusion of Anti-Social Forces
You hereby commit to the Company the following.
(1) You are not a crime syndicate, a company affiliated with a crime syndicate, a corporate extortionist, or a person or organization similar to any of the above or a member of such groups (hereinafter referred to as the “Anti-Social Forces”).
(2) You do not allow Anti-Social Forces to use your name or use the Services for the benefit of Anti-Social Forces.
(3) You will not, by yourself or through a third party, use threatening words or actions or violence against the Company, or use deception or force to obstruct the Company's business or damage its credibility.
If you violate the preceding paragraph, the Company may, without notice or demand, cancel your membership, terminate your contract, or take any other action stipulated in these Terms of Service.
The Company shall not be liable for any damages, compensation, or other losses incurred as a result of any action taken in accordance with the preceding paragraph. In addition, the customer shall indemnify the Company for any damages, etc. incurred by the Company as a result of the customer's violation of Paragraph 1.